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1987 SCMR 713 Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ KHUSHI MUHAMMAD--Petitioner Vs NAWAB DIN and others--Respondents Criminal Petition for Special Leave to Appeal Nos. 152, 166 and 278 of 1982, decided on 11th February, 1987. (From the /order of the Lahore High Court, Lahore, dated 24-1-1982 passed in Criminal Appeal No. 678 of 1979 and Murder Reference No. 238 of 1979). (a) Constitution of Pakistan (1973)-- Art. 185(3)--Penal Code (XLV of 1860), 5.302--Petition for leave to appeal against conviction and sentence and petition by complainant for enhancement of petitioner's sentence--High Court while reducing sentence of petitioner from death to life imprisonment observing that petitioner's case was not of extreme penalty for the reason that deceased had damaged Chari crop of petitioner and he also exchanged abuses when petitioner took exception to it--No justification found for granting leave to appeal to petitioner nor there was any justification to enhance his sentence, reduction of sentence by High Court being based on sound principles, both petitions dismissed. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), Ss.302 & 34-Common intention--Leave to appeal granted to re-appraise evidence regarding culpability and sentence of three co-accused-petitioners--Petitioners also allowed bail for the reason that if ultimately it was found that S.34, Penal Code was not attracted in circumstances of case, the petitioners would have served more sentence than they deserved. Birjees Nagy, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record for Petitioner (in Cr.P.S.L.A. No. 152 of 1982). Dr. Khalid Ranjha, Advocate Supreme Court and S. Wajid Hussain, Advocate-on-Record (absent) for Petitioners (in Cr. P. Nos. 166 and 278 of 1982). Nemo for Respondents (in all Criminal Petitions). Date of hearing: 11th February, 1987. ORDER MUHAMMAD AFZAL ZULLAH, J.--In these three petitions, leave to appeal has been sought from , dated 24-1-1982 of the Lahore High Court; whereby in a case of murder and hurt the appeal filed by the convicts, was partly allowed. The death sentence awarded to Nawab Din petitioner, was reduced to…

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